R.Madhanagopal v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:16.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.3770 of 2022 R.Madhanagopal ... Petitioner Vs.

1.State by The Inspector of Police, Valparai Police Station, 2.Praveena 3.Thanush Krishan 4.Samikannu ... Respondents PRAYER: Criminal Original Petition has been filed under Section 439(2) of Cr.P.C. praying to cancel the order dated 28.01.2022 granted in Crl.M.P.No.325 of 2022 on the Principal District & Sessions Judge, Coimbatore granting Anticipatory Bail to the respondents 2 to 4.

For Petitioner : M/s.C.D. Sukumar For Respondents : Mr.S.Santhosh, Government Advocate (Crl.Side) For R1.

ORDER

This petition has been filed to cancel the order dated 28.01.2022 granted in Crl.M.P.No.325 of 2022 on the Principal District & Sessions Judge, Coimbatore granting Anticipatory Bail to the respondents 2 to 4.

2. In Crime No.13 of 2022, on the file of the Valparai Police Station, the accused persons/2nd, 3rd & 4th respondents herein got anticipatory bail from the learned

Principal District and Sessions Court, Coimbatore on 28.01.2022. One of the conditions while granting anticipatory bail was that the petitioners should not threaten the defacto complainant either directly or indirectly. Now, the present petition is filed by the defacto complainant/petitioner herein stating that from the date on which the accused persons got the anticipatory bail, they have started to threaten and abuse him in filthy language. In pursuant to the said incident, he has preferred a complaint to the respondent police and the respondent police has registered the complaint in CSR No.30 of 2022 and the same is under investigation.

3. The learned Government Advocate (crl.side) appearing for the 1st respondent states that subsequent to the complaint given by the defacto complainant/Madhanagopal, the complaint is taken up for investigation and from the complaint it appears that on 28.01.2022, the accused 1 to 3 in Crime No.13 of 2022 have threatened the defacto complainant.

3. Taking note of these facts, this Court is of the view that, though the defacto complainant seeks cancellation of bail, since the offence for which anticipatory bail was granted is not a grave offence, the bail condition imposed on the respondents 2 to 4 in Crl.M.P.No.325 of 2022 order dated 28.01.2022 are modified to the effect that they shall report before the Coimbatore Race Course Police daily at 10.00a.m. and 5.00 p.m. until further order and all the other conditions shall stand unaltered.

Sd/- Assistant Registrar(CS-V) // True Copy // Sub Assistant Registrar rpl/mpl To 1.The Principal District and Sessions Court, 2.The Inspector of Police, Valparai Police Station,

3.The Inspector of Police, Race Court Police Station, 4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.3770 of 2022 MT(CO) CB(07/04/2022)